In a decision packed with music references, a federal judge says no songwriter can claim a legal monopoly on lyrics about “guns, money, and jewelry” or overcoming adversity.
To prove her point on each guns, money, and jewelry, Pacold actually pointed to specific sets of lyrics for each one: First to Notorious B.I.G.’s “Machine Gun Funk,” then to Wu-Tang Clan’s C.R.E.A.M. , and finally to Kanye West’s “Diamonds From Sierra Leone.”
Lawyers for DaQuan Robinson sued Future in 2021, claiming “When I Think About It” infringed Robinson’s earlier song “When U Think About It.” They claimed he had emailed a draft of his song to Future’s producer a year before the infringing song was released. Future’s song features the lyric “when I think about it,” which the lawsuit claimed infringed Robinson’s use of the lyric “when you think about it.” But the judge ruled that such a short, simple phrase could not be monopolized by any one lyricist.
Future’s song and Robinson’s song tell similar stories about overcoming adversity, the judge said, but this basic idea is “too common a narrative to be protectable.” Adding to her earlier musical references, she cited the plot F. Scott Fitzgerald’s“A story about a person proving to those around him that he is better, despite a past full of hardships is general enough that it could also describe the plot of famous works of American literature,” Pacold wrote.
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